Certain issues on the implementation of the right to medical care by employees of the Emergency Control Ministry of Russia

   The article presents the norms of law determining the procedure of issuing certificates of release from duty on temporary incapacity for work to employees and payment of compensations related to the employee’s medical treatment. The normative legal acts, fixing legal guarantees of employees of the Emergency Control Ministry (EMERCOM) of Russia for medical care, and provisions of normative legal acts regulating medical care of citizens of the Russian Federation are considered. Examples from judicial practice concerning dismissal of an employee during his/her disability, as well as legal positions of courts in this context are given. The provisions regulating the issues of temporary disability of employees and their release from duty in case of illness, injury or other temporary disability are disclosed. Particular attention is paid to the coverage of the issue of health risks for employees of the EMERCOM of Russia associated with extreme conditions and psychological stress. The range of issues not regulated by the current legislation and requiring legal arrangement is defined.

1. On social guarantees for employees of certain federal executive authorities and amendments to certain legislative acts of the Russian Federation. Federal Law No. 283-FZ of December 30, 2012 (as amended on June 28, 2021). Konsul’tantPlyus. URL: https://www.consultant.ru/document/cons_doc_LAW_140178/ (accessed on 24. 08. 2023). (In Russ.).

2. On the fundamentals of protecting the health of citizens in the Russian Federation. Federal Law of November 21, 2011 No. 323-FZ (as amended on July 24, 2023) (with amendments and additions coming into force from September 1, 2023). Konsul’tantPlyus. URL: https://www.consultant.ru/document/cons_doc_LAW_121895/ (accessed on 24. 08. 2023). (In Russ.).

3. On service in the federal fire service of the State Fire Service and amendments to certain legislative acts of the Russian Federation. Federal law of May 23, 2016 No. 141-FZ. Konsul’tantPlyus. URL: https://www.consultant.ru/document/cons_doc_LAW_198195/?ysclid=lt5hg0pguy991495150 (accessed on 24. 08. 2023). (In Russ.).

4. Petrova Yu.V., Zhiginas N.V. Stress and the willingness to risk of the rescuers. Vestnik Tomskogo gosudarstvennogo pedagogicheskogo universiteta = Tomsk State Pedagogical University Bulletin. 2014;(1):52-55. (In Russ.).

5. Verdict of the Khamovnichesky District Court of Moscow No. 02-2767/2020 of September 25, 2020 in case No. 02-2767/2020. Khamovnichesky District Court of Moscow. URL: https://mos-gorsud.ru/rs/hamovnicheskij/services/cases/civil/details/88e9e171-3f3c-4b37-8025-7647b9e4cd37 (accessed on 24. 08. 2023). (In Russ.).

6. Verdict of the Gagarinsky District Court of Moscow No. 02-4064/2019 in case No. 02-4064/2019. Gagarinsky District Court of Moscow. URL: https://mos-gorsud.ru/rs/gagarinskij/services/cases/civil/details/d2ed9b0d-5cf8-4b1d-88c4-0dae0bed6740 (accessed on 24. 08. 2023). (In Russ.).